scholarly journals Suspension of executive acts in the constituent entities of the Russian Federation as a state coercion measure

2021 ◽  
pp. 197-206
Author(s):  
D. I. Zaycev
Keyword(s):  
Russian Federation ◽  
Legal Certainty ◽  
Public Enforcement ◽  
The Public ◽  
Head Of State ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation ◽  
Reported Data ◽  
Executive Body

The article contains analysis of one of the least studied public enforcement measures which is suspension of acts of the higher official (the head of the highest executive body of the state power), executive bodies of the Russian Federation constituent entities.The author focuses on the presidential decision to enact the public enforcement measure that is considered in the presented article, in particular, the form of the legal act of governance which implements that presidential decision, the wording of the name and the content of such a legal act is under review. It is shown that neither legislative regulation nor enforcement practice is perfect when it comes to the sphere of federal relations.Furthermore, the presented article addresses such issues as normativity and legal certainty of decrees and orders of the Head of State which implement the presidential decision to suspend the act of the executive body of the Russian Federation constituent entities.The historical and legal part of the subject of study is presented by statistical data that makes some corrections to the usually reported data considering the number of legal presidential acts that were mentioned.

scholarly journals FORMS OF ENVIRONMENTAL RIGHT PROTECTION

2020 ◽  
Vol 36 (4) ◽  
pp. 106-112
Author(s):  
N.Sh. Gadzhialieva ◽  
Keyword(s):  
Russian Federation ◽  
Broad Sense ◽  
Organic Unity ◽  
Healthy Environment ◽  
Judicial Practice ◽  
Favorable Environment ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation ◽  
The Right

The article analyzes various forms of protecting the right to a favorable environment, examines the concept of a form of protecting rights as a legal category. Based on the analysis of regulatory and scientific sources, the author has classified the forms of protection of the right to a favorable environment provided for in the law. Depending on the endowment of the subject carrying out the defense with the authority to use state coercion, the author identifies two large independent forms of protection: state and non-state. The author notes the legal uncertainty regarding the content of the right to a healthy environment, which complicates its protection. The positions of scientists who consider the right to a favorable environment in a narrow and broad sense are analyzed. Attention is drawn to the fact that the mechanism for protecting the right and the content of the right to a favorable environment are in organic unity and thus in the aggregate affect the formation of forms and methods of protecting the right to a favorable environment by a person. In conclusion, the author formulates the conclusions of the study, relying not only on the current legislation of the Russian Federation, but also on the established judicial practice, as well as on the scientific dogmas of Russian scientists in the field under study.

scholarly journals Grounds and Subjects of Temporary Performance of Duties of the President of the Russian Federation

2020 ◽  
Vol 12 ◽  
pp. 17-21
Author(s):  
Vadim S. Goleschikhin ◽  
Keyword(s):  
Russian Federation ◽  
State Power ◽  
Leading Role ◽  
Head Of State ◽  
The Subject ◽  
The Russian Federation ◽  
The Government

The Constitution of the Russian Federation assigns to the President a leading role in the system of higher federal bodies of state power, which requires clear grounds and precise procedure for temporary exercise of presidential powers. The Constitution assigns the Chairman of the Government of the Russian Federation as the subject authorized to temporarily replace the President in all cases when he is unable to fulfill his duties. At the same time, the constitutional norms do not regulate the situation when the duties of the President cannot be performed either by himself or the Chairman of the Government. The article discusses the issues of subjects that in the above case are authorized to legitimately assume the temporary exercise of powers of the head of state, and concludes that it is necessary to improve the norms of the Constitution of the Russian Federation in terms of expanding the list of subjects for temporary exercise of duties of the President and introducing constitutional control over the transfer of presidential powers, and to improve the legislation norms and their implementation practice in terms of regulating the procedure for the temporary fulfillment of duties of the Chairman of the Government of the Russian Federation.

scholarly journals Criminal Liability for Knowingly Unlawful Sentence, Decision or Other Judicial Act

2020 ◽  
Vol 17 (3) ◽  
pp. 93-102
Author(s):  
Pavel Metelsky ◽  
Nadezhda Verchenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
The Public ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
Considerable Complexity

Introduction. The publication is devoted to the corpus delicti, provided for by Art. 305 of the Criminal Code of the Russian Federation, which, being, in fact, a special type of official abuse, stands out as the direct object of a criminal assault and a special subject, since it can be committed exclusively by professional judges. The main features of the objective and subjective parties, qualifying signs of the offense are revealed, some problems that arise when applying this criminal law are outlined. Purpose. The goal is to analyze the design features of the crime and issues that arise when applying this rule. Methodology. The method of a formal legal analysis of the norms of the criminal law and theoretical provisions on problems directly related to the application of this rule was used. Results. The public danger of a criminal act that undermines the very foundations of justice is obvious, in connection with which it stands out as an independent crime by all the Russian Criminal Codes, starting in 1922, the history of criminal responsibility for its commission can be traced in our country in general since the 16th century. The current criminal law prohibition is characterized by considerable complexity, due to both the blanket nature of the disposition of the norm itself and the presence of discrepancies in the understanding of the signs embodied in it. Conclusion. The implementation of criminal liability for this crime involves the establishment of not only circumstances directly related to the corpus delicti that lie in the criminal law field. The subject of an infringement, a judicial act, must be subjected to procedural review without fail, after which, subject to the consent of the Higher Qualification Collegium of Judges of the Russian Federation, in fact, and the mechanism of criminal prosecution is “launched”. That is, a truly “multi-way” combination of actions is necessary, carried out in several stages, and the problem itself to some extent becomes interdisciplinary, going beyond only criminal law.

scholarly journals The organization of application of the professional standard "The Educational Psychologist (the Psychologist in Education)" in the adaptation mode

2017 ◽  
Vol 9 (3) ◽  
pp. 19-29 ◽  
Author(s):  
Yu.M. Zabrodin ◽  
O.I. Leonova
Keyword(s):  
Russian Federation ◽  
Professional Standards ◽  
Professional Standard ◽  
Educational Activities ◽  
Public Discussion ◽  
Educational Psychologist ◽  
The Subject ◽  
The Russian Federation ◽  
Executive Body

This article is devoted to the application of the professional standard "Pedagogue-psychologist (educational psychologist)" in organizations in the period of 2017 - 2019. The stages of application of the professional standard "Pedagogue-psychologist (educational psychologist)", formulated in accordance with the established conditions for mandatory application of professional standards in organizations are considered. In the context of the first experience of social and professional discussion of the requirements of the professional standard "Pedagogue-psychologist (educational psychologist)", the proposals for the organization of the application of this professional standard in the adaptation mode at the level of the executive body of the subject of the Russian Federation, self-government, as well as at the level of the organization that conducts educational activities in the territory of the subject of the Russian Federation. These proposals were considered and discussed in 2017 by the experts of professional and public discussion.

scholarly journals Public discourse on draft laws of the constituent entities of the Russian Federation

2021 ◽  
pp. 1-13
Author(s):  
Ekaterina Aleksandrovna Anisimova
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Direct Democracy ◽  
Public Discourse ◽  
Theory And Practice ◽  
Russian Regions ◽  
The Public ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the theory and practice of one of the forms of direct democracy – public discourse of draft laws of the constituent entities of the Russian Federation. The object of this research is the public relations associated with regulation of the institution of public discourse on draft laws in the Russian regions, as well as citizens’ participation therein. The author meticulously examines such aspects of the topic as the adoption by the Russian regions of laws and other normative acts on public discourse, flaws in the federal regulation of the question; provides an overview of the practice of public debates in a number of Russian regions; analyzes the causes for the low effectiveness of this institution. Special attention is given to the results of sociological survey conducted on the subject matter. The main conclusions of this research consists in determination of flaws in the existing regulation of the democratic institution of public discourse on draft laws, identification of causes of inactivity of the Russian citizens with regards to public discourse on the normative legal acts. The author’s special contribution consists in the analysis of practice of conducting public discourse in the regions of the Russian Federation, as well as in the attempt to assess the prospects for the development of this legal institution in in the Russian regions. The scientific novelty lies in outlining the problems of regulation and practice that currently arise in the constituent entities of the Russian Federation in the context of public discourse on draft laws, as well as in the specific measures on elimination of these problems proposed by the author.

scholarly journals On the Relevant Problems of the Constitutional Liability of Supreme Government Authorities and Officials in View of the Introduced Amendments to the Constitution of the Russian Federation

2021 ◽  
Vol 3 ◽  
pp. 36-39
Author(s):  
Anna V. Akchurina ◽  
Keyword(s):  
Russian Federation ◽  
State Power ◽  
Point Of View ◽  
Legal Responsibility ◽  
Checks And Balances ◽  
Building Relationships ◽  
Legal Sanctions ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation

The article is devoted to the analysis of the amendments made to the Constitution of the Russian Federation from the point of view of their influence on the development of the institution of constitutional legal responsibility, the issues of constitutional consolidation of certain measures of state coercion, the emergence of new forms of implementation of constitutional and legal responsibility and possible problems of their application are examined. The aspects of the preservation of incomplete regulation of the key provisions of the grounds for the application of constitutional and legal sanctions affecting the functioning of the system of checks and balances are touched upon. At the same time, theses were put forward on the importance of the constitutional consolidation of the responsibility of judges of higher courts, the expansion of the subject and institutional composition of participants in the implementation of measures of constitutional and legal responsibility of the highest bodies of state power of the Russian Federation, the inherent tendencies towards the expansion of this legal institution and the degree of enrichment of the substantive value of the introduced innovations. The selected vectors for building state power, building relationships between them and measures of mutual responsibility, laid down by the amendments to the Constitution of the Russian Federation, are proposed for understanding.

ENSURING INFORMATION SECURITY OF CHILDREN IN THE RUSSIAN FEDERATION

2020 ◽  
pp. 19-30
Author(s):  
Lyudmila A. Naumova ◽  
◽  
Dmitrii N. Barannikov ◽  
Dmitrii A. Mityushin ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
The Internet ◽  
Access To Information ◽  
Ministry Of Education ◽  
The Public ◽  
Internet Information ◽  
The Russian Federation ◽  
Regulatory Functions ◽  
Relationship Of ◽  
Executive Body

One of the positive aspects of the achievements in the 21st century is the information variety availability. Any person who has access to the Internet by the technical devices enters the information space. Using the Internet (information technology) any person can not only obtain the electronic library thus expanding one’s horizons with encyclopedic knowledge, but also carry out educational activities and share any information. However, a person with a fragile psyche gets access to information that does not correspond to the age category. An issue of children’s access to information that has age restrictions is discussed, and decisions are made that regulate by law the relationship of future erudites with information posted in the public domain. In society there is ambiguity in the formulation and views on information that has age restrictions. Such an ambiguity leads to the fact that the younger generation is not protected from the information an access to which is restricted to them. Therefore, by concentrating regulatory functions in one executive body, it is possible to achieve the proper level of protection against information that has age restrictions. Those functions could be assigned to such an executive body as the Russian Federation Ministry of Education.

Some features of classification of malicious violations of the regime of serving a sentence

2020 ◽  
pp. 28-34
Author(s):  
Андрей Николаевич Гордополов
Keyword(s):  
Russian Federation ◽  
Cell Type ◽  
Federal Target Program ◽  
The Public ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
Single Cell Type ◽  
Correction System

В последнее время, в связи с повышением количества осужденных за тяжкие и особо тяжкие преступления в местах лишения свободы, увеличивается количество нарушений режима отбывания наказания. В Концепции развития уголовно-исполнительной системы Российской Федерации до 2020 года, утвержденной распоряжением Правительства РФ от 14.10.2010 № 1772-р, в постановлении Правительства РФ от 06.04.2018 № 420 «О Федеральной целевой программе “Развитие уголовно-исполнительной системы (2018-2026 годы”)» отмечается необходимость ужесточения мер воздействия в отношении злостных нарушителей режима отбывания наказания и недостаточное количество мест изоляции, таких как штрафной изолятор, помещения камерного типа, единые помещения камерного типа. Предметом работы являются критерии признания осужденного злостным нарушителем режима отбывания наказания. Целью работы является получение нового знания в области признания осужденного злостным нарушителем режима для рационального применения меры дисциплинарного воздействия. В статье проводится анализ статистических данных, на основе которых выделяются наиболее распространенные виды злостных нарушений. Вводятся рекомендации по целесообразности признания осужденных злостными нарушителями режима отбывания наказания, исходя из общественной опасности совершенного нарушения. Сравниваются различные классификации злостных нарушений режима. Предлагается новая классификация злостных нарушений. Данное исследование может использоваться при обучении сотрудников, непосредственно принимающих участие в процессе воспитания и исправления злостных нарушителей. Recently, due to the increase in the number of persons convicted of serious and especially serious crimes in places of deprivation of liberty, the number of violations of the regime of serving a sentence has increased. In The Concept for the development of the penal correction system up to 2020, approved by order of the Government of the Russian Federation No. 1772-R; in the Decree of the Government of the Russian Federation dated April 6, 2018. No. 420 “On the Federal target program Development of the penal enforcement system (2018-2026)” notes the need to tighten measures against malicious offenders of the regime of serving sentences, and the insufficient number of places of isolation such as a penal isolation unit, cell-type premises, single cell-type premises. The subject of the work is the criteria for recognizing a convicted person as a malicious violator of the regime of serving a sentence. The purpose of the work is to obtain new knowledge in the field of recognizing a convicted person as a malicious violator of the regime for the rational application of disciplinary measures. The article analyzes statistical data on the basis of which the most common types of malicious violations are identified. Recommendations are introduced on the expediency of recognizing convicts as malicious violators of the regime of serving a sentence, based on the public danger of the committed violation. Compares the different classifications of willful violations of the regime. A new classification of malicious violations is proposed. This research can be used for training practical employees who are directly involved in the process of educating and correcting malicious offenders.

scholarly journals The arbitrariness of criminal punishment (the example of fine)

2018 ◽  
Vol 2 (3) ◽  
pp. 135-141
Author(s):  
V. M. Stepashin
Keyword(s):  
Russian Federation ◽  
Current System ◽  
Criminal Code ◽  
Legal Interpretation ◽  
Criminal Punishment ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation

The subject. The paper deals with the problem of arbitrariness of criminal punishment in case of replacement of fine with other types of criminal penalties.The purpose of the paper is to identify the criteria to replace the fine to more severe kind of punishment.Methodology. The author uses the methods of analysis and synthesis, as well as dialectic approach. The formal-legal interpretation of the Criminal Codes and of the Russian Federation researches of familiar criminalists is also used.The main results and scope of their application. The arbitrariness of repression as its indicator means the possibility of changing the quality, quantity and (or) intensity of repression depending on the convicted person's compliance with the imposed regime, including the replacement of the assigned measure of state coercion with a more severe one.The author proposes a new version of pt. 5 of art. 46 of the Criminal Code of the Russian Federation. A new model of the consequences of non-payment of a penalty involves the observance of several conditions: 1) every sanctions, including penalty of a fine, should be submitted to the alternative punishment; 2) every sanction, including a penalty of fine and imprisonment, should be submitted to the "intermediate" punishment; 3) selecting the replacement of punishment should be due to unpaid fines and to provide a factual and not a formal toughening of punishment; 4) should establish the possibility of replacing the fine with imprisonment in proportion to the unpaid amount of the fine.The results of research may be used as the basis of correction of the Criminal Code of the Russian Federation and judicial practice. The paper may also inspire new researches concerning replacement of criminal punishment.Conclusions. The current system of replacing the fine does not correspond to the idea of saving repression. The new scheme of replacement of criminal punishment proposed in the paper is less arbitrary.

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